Development Agreement - 2020 - Monticello Estates Subdivision - 11/19/2020Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=13 NIKOLA OLSON
CITY OF EAGLE, IDAHO
DEVELOPMENT AGREEMENT
2020-165802
12/02/2020 03:19 PM
NO FEE
For Recording Purposes Do
Not Write Above This Line
This Development Agreement, made and entered into on the date as indicated herein, by and
between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("Eagle"), by and through
its Mayor, and MONTICELLO ESTATES, LLC. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 1232 North Park
Lane, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A)
which is the subject of an application for Rezone identified as Rezone Application No. RZ-01-20;
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural -Urban Transition — Ada County designation); and
WHEREAS, the Owner desires a R-3-DA (Residential with a development agreement) zoning
classification to develop a residential use on the above described property, which is herein referred to as
the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any residential project upon the Property must be limited with the use of a
development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing
community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same tirne limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a R-3-DA (Residential with a development
agreement) zoning designation for the Property with the requirements set forth in this Development
Agreement; and
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Developrn.ent Agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same; and
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; and
WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns that
have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the R-3-DA (Residential with a development agreement), after recordation of,
and subject to the provisions of this Development Agreement. The ordinance will become effective after
its passage, approval, and publication and the execution and recordation of this Development Agreement.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1 The maximum density for the Property shall be 2.21 dwelling units per acres (9 single-family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fencing, and amenities. The owner shall
provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified and that the homeowners association or other
entity cannot be dissolved without the express consent of the city.
A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All fencing shall be in conformance with Eagle City Code Section 9-3-10. All
other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
(b)
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ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. Owner shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits, Owner shall provide proof of central sewer service to the proposed residential use.
3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if
proposed), 5) useable amenities such as picnic tables, covered shelters, benches, garden boxes,
gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7)
street lights. The design review application shall be reviewed and approved by the Eagle Design
Review Board and City Council prior to the submittal of a fmal plat application.
3.7 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit "D".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of a building peiliiit application to the City for each structure within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit "D". If a building permit is denied, the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 8-7-4-1.
3.8 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit B) and be bound thereby, and comply
with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 shall be provided and is incorporated herein by reference.
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ARTICLE V
DEFAULT
5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to
any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development
Agreement following the process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or
enjoin such default and to enforce the commitments contained in this Development Agreement,
including attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an
A-R (Agricultural -Residential) zoning designation until Eagle enacts and records an ordinance
changing the property to the A-R (Agricultural -Residential) zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to teiiiis of Section 5.3 above, if any term, provision, commitment, or restriction of this
Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re -negotiated in good faith between Owner(s)
(or other appropriate party) and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on Owner, and its respective heirs, administrators, executors, agents, legal representatives,
successors, and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection with the
property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1.
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8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and
shall not constitute a portion of this Development Agreement. As used in this Development
Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of
the State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
8.4 Legal Representation. Both the Owner and Eagle acknowledge that they each have been
represented by legal counsel in negotiating this Development Agreement and that neither party shall
have been deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to
the party to whom the notice is directed at the address of such party set forth below;
Eagle:
Owner:
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Monticello Estates, LLC
Attn: Nathan Cutler
1232 North Park Lane
Eagle, Idaho 83616
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after
deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24)
hours after timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owner agrees to
provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to the
Owner an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by Eagle and as invoiced to the Owner or, if Owner has made a cash
deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance
deposited by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such
fees when actually incurred by Eagle and invoiced, then following thirty (30) days of written notice of
such failure from Eagle, Eagle may draw upon the financial assurance provided by the Owner.
Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current
balance of the financial assurance (whether it be in the form of a cash deposit or a letter of credit), the
Owner shall replenish the financial assurance and shall become current as to all outstanding fees owed.
Upon payment in full of all attorney fees and engineering fees, Eagle shall release to the Owner the
unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the financial
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assurance under this Section shall not preclude it from exercising any of the other rights and remedies
afforded it in Article V or in Section 8.7.
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owner, exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project
and record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy
available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.9 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or
LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement
and so bind their respective parties.
8.10 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this t -I 'djay of 1\0\1. , 2020.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:
o
,••• OF
A ST:
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orn, City Clerk •' �Z SEA i
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rce, Mayor
STATE OF IDAHO
: ss.
MONTICELLO ESTATES, LLC, an Idaho limited
liability company
By:
afan Butler, Managing Member
County of Ada )
On this day of Alvv sryR6Zr-- . 2020, before the undersigned notary public in and for
the said state, personally appeared NATHAN CUTLER, known and identified to me to the Managing
Member of MONTICELLO ESTATES, LLC, an Idaho limited liability company, known or identified to
me to be the owners of the property referenced herein and the persons who executed the foregoing
instrument.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
Not Public for Idaho
Residing at: me* Ccv'v 77 , �I-D 40-0
My Commission Expires: 3/ j / Z42-5
STEPHEN MICHAEL BJORKMAN
COMMISSION #20190637
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 03/01/2025
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RECEIVED & FILED
CITY OF EAGLE
Exhibit "A"
DAVID EVANS
AND ASSOCIATES INC
FEB 0 5 2020
File:
Route to:
DESCRIPTION FOR
ANNEXATION OF MONTICELLO ESTATES SUBDIVISION
TO THE CITY OF EAGLE
The following describes a parcel of real property being Lot 1, Block 1, Plat of Ray's
Acres, Book 30 Page 1870, Ada County Record's and lying within a portion of the
Northwest Quarter of the Northeast Quarter (NW1/4 NE1/4) of Section 12, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho being more particularly
described as follows:
BEGINNING at the North Quarter comer of said Section 12; Thence, along the north
boundary line of said NW1/4 NE1/4, North 89°47'00" East, 421.19 feet;
Thence, departing said north boundary line, South 00°30'23" East, 33.00 feet to the
south right of way line of Floating Feather Road and the Northeast corner of said Lot 1;
Thence, along the east boundary line of said Lot 1, South 00°30'23" East, 455.94 feet to
the Southeast corner of said Lot 1;
Thence, along the south boundary line of said Lot 1, North 89°15'45" West, 392.97 feet
to the east right of way line of North Park Lane and the Southwest comer of said Lot 1;
Thence, North 89°15'45" West, 30.00 feet to the west boundary Tine of said NW1/4
NE1/4;
Thence, along said west boundary line, North 00°18'21" West, 481.84 feet, to the POINT
OF BEGINNING, containing 4.703 acres more or less and is subject to any easement or
reservations.
EXHIBIT `B"
Affidavit of NATHAN CUTLER on behalf of Monticello Estates, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
NATHAN CUTLER, who being first duly sworn under oath, deposes and says:
1. I am NATHAN CUTLER, who is the Managing Member of Monticello Estates, LLC,
whose mailing address is 1232 North Park Lane, Eagle, ID, 83616 ("Monticello Estates,
LLC").
2. Monticello Estates, LLC, is the fee simple owner of the parcel of real property described on
Exhibit A, (the "Property").
3. Monticello Estates, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle
City Code Section 8-10-1 dated the l` day of NJo , 2020, by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Nathan Cutler, Monticello
Estates, LLC (the "Agreement").
DATED this 19 day of ,M vE44,&62 , 2020
By: Monticello Estates, LLC
Cutler, Managing Member
SUBSCRIBED AND SWORN to before me this / q day of Nddeirker , 2020.
/7I4~
otaf'y Public for Idaho
Residing at + , Idaho
My Commission expires 37I / 2 , Z-5
STEPHEN MICHAEL BJORKMAN
COMMISSION #20190637
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 03/01/2025 T.
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RECEIVED & FILED
CITY OF EAGLE
SEP 3 0 2020
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LOT 1, BLOCK 1, PLAT OF RAY'S ACRES IN BOOK 30 OF PLATS, PACE 1870
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ADA COUNTY, IDAHO
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